9th Circuit rejects Otter’s bid for initial en banc review in gay marriage case

The 9 ^th Circuit U.S. Court of Appeals has rejected, without comment, Gov. Butch Otter’s request for Idaho’s same-sex marriage case to go directly to a full 11-judge panel of the court, rather than the usual three-judge panel. Otter made the request in July , saying a full-court review by the appellate court rather than a smaller panel would enhance the “perception of the legitimacy of this court’s resolution.” It’s highly unusual for such a request to be granted.

Today, the 9 ^th Circuit issued a 10-word order, saying only, “Appellant Otter’s petition for initial hearing en banc is denied.”

U.S. Magistrate Judge Candy Dale overturned the Idaho Constitution’s ban on same-sex marriage in May, saying it violated the U.S. Constitution’s guarantees of equal protection and due process. The state is now appealing her ruling to the 9 ^th Circuit; the appeals court has set arguments for Sept. 8.